Mejoff vs. Director of Prisons [90 Phil. 70, 1951]
Facts:
Petitioner Mejoff is a Russian and a secret operative of the Japanese forces brought into the country during the former’s occupation here. He was later on arrested as a Japanese spy by the American forces and was handed to the Commonwealth Government for disposition. He was then issued an order of release by the People’s Court. However, he was proven by the deportation board to have entered the country illegally sometime in 1944. He was then arrested and again taken into custody and was transferred to the Cebu Provincial Jail while waiting to be deported out of the country. More than 2 years have elapsed still the Government has not found way and means of removing the petitioner out of the country, and none are in sight, although it should be said in justice to the deportation authorities, it was through no fault of theirs that no ship or country would take the petitioner even his native country. Hence, an action for the petition of the issuance of writ of habeas corpus was filed before the Supreme Court.
Issue:
Will the action prosper?
Held:
It was held by the Supreme Court that the prolonged detention of the petitioner is unwarranted by international law and the Philippine Constitution. The Philippines, by its Constitution, expressly adopts generally accepted principles of international law as part of the law of the Nation. The Philippines, being a member of the United Nations, was subject to the latter’s resolution on the "Universal Declaration of Human Rights" wherein it provides equality of all human beings in degree and rights regardless of race, color, sex, language, religion, or any other opinion and that everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by law. It further provides that no one shall be subjected to arbitrary arrest, detention or exile. The writ was then issued under the terms that the petitioner shall be placed under the surveillance of the immigration authorities or their agents in such form and manner as may be deemed adequate to insure that he keep peace and be available when the Government is ready to deport him and that he shall also put up a bond of P5,000 with sufficient surety or sureties.
Facts:
Petitioner Mejoff is a Russian and a secret operative of the Japanese forces brought into the country during the former’s occupation here. He was later on arrested as a Japanese spy by the American forces and was handed to the Commonwealth Government for disposition. He was then issued an order of release by the People’s Court. However, he was proven by the deportation board to have entered the country illegally sometime in 1944. He was then arrested and again taken into custody and was transferred to the Cebu Provincial Jail while waiting to be deported out of the country. More than 2 years have elapsed still the Government has not found way and means of removing the petitioner out of the country, and none are in sight, although it should be said in justice to the deportation authorities, it was through no fault of theirs that no ship or country would take the petitioner even his native country. Hence, an action for the petition of the issuance of writ of habeas corpus was filed before the Supreme Court.
Issue:
Will the action prosper?
Held:
It was held by the Supreme Court that the prolonged detention of the petitioner is unwarranted by international law and the Philippine Constitution. The Philippines, by its Constitution, expressly adopts generally accepted principles of international law as part of the law of the Nation. The Philippines, being a member of the United Nations, was subject to the latter’s resolution on the "Universal Declaration of Human Rights" wherein it provides equality of all human beings in degree and rights regardless of race, color, sex, language, religion, or any other opinion and that everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by law. It further provides that no one shall be subjected to arbitrary arrest, detention or exile. The writ was then issued under the terms that the petitioner shall be placed under the surveillance of the immigration authorities or their agents in such form and manner as may be deemed adequate to insure that he keep peace and be available when the Government is ready to deport him and that he shall also put up a bond of P5,000 with sufficient surety or sureties.
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